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Fourth Circuit· 5/17/2011

United States v. Smith

Citations

  • 640 F.3d 580
  • 2011 U.S. App. LEXIS 9948
  • 2011 WL 1844578

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the general presumption that a guilty plea accepted after a Rule 11 colloquy is conclusive “does not obtain when voluntariness is attacked based on the constructive denial of counsel”
  • noting that a “defendant’s obstinacy” cannot force the district court to substitute counsel
  • \[T]he defendant's Sixth Amendment right to successor appointed counsel arises because the initial appointment has ceased to constitute Sixth Amendment assistance of counsel.\
  • no breakdown in communication where counsel continued to “provide meaningful assistance” and discussed the case with defendant at several opportunities
  • no breakdown in communication where counsel continued to “provide meaningful assistance” and discussed the case with defendant at several opportunities
  • “Even if a breakdown is genuine, after granting one or more substitution motions a court may well decline to grant further motions if it finds that yet another substitution would not remedy the problem.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Agee, Davis

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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